No. 24-6024

Rudolph Daniel Miffin, Jr. and Jermaine Darnell Johnson v. United States

Lower Court: Fourth Circuit
Docketed: 2024-11-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: automobile-exception fourth-amendment marijuana-decriminalization probable-cause vehicle-search warrantless-search
Key Terms:
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2025-01-10
Question Presented (AI Summary)

Where a state has decriminalized simple possession of marijuana, can state and local police conduct a warrantless search of a vehicle based on the automobile exception to the Fourth Amendment's warrant requirement when they have probable cause to believe a small amount of marijuana will be found?

Question Presented (from Petition)

QUESTIONS PRESENTED The following questions are presented: 1) Where a state has decriminalized simple possession of marijuana, can state and local police, not acting in coordination with federal authorities but having probable cause to believe that some small amount of marijuana will be found in a vehicle, conduct a warrantless search of said vehicle pursuant to the automobile exception to the Fourth Amendment’s warrant requirement? 2) Where a state has decriminalized simple possession of marijuana, does the presence of a de minimis amount of suspected marijuana on the driver of the vehicle, detained by local police for a traffic infraction, provide probable cause for local police (not acting in coordination with federal authorities) to conduct a warrantless search of a closed bag on a driver when the driver has been secured, is not in a position to access the vehicle nor the contents of the bag, and evidence of the traffic infraction is unlikely to be found within the bag? i

Docket Entries

2025-01-13
Petition DENIED.
2024-12-19
DISTRIBUTED for Conference of 1/10/2025.
2024-12-12
Waiver of United States of right to respond submitted.
2024-12-12
Waiver of right of respondent United States to respond filed.
2024-11-21

Attorneys

Rudolph Miffin, Jr., et al.
Timothy George McCormickChristian & Barton, LLP, Petitioner
Timothy George McCormickChristian & Barton, LLP, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent